U.S. Senator Katie Britt Holds Attorney General Garland Accountable for Department Ignoring Concerns Regarding the Safety of Supreme Court Justices
WASHINGTON, D.C. – U.S. Senator Katie Britt (R-Ala.) sent a letter to U.S. Attorney General Merrick Garland today requesting the Department of Justice (DOJ) maintain records regarding the protection of Supreme Court Justices following the Department’s failure to enforce federal law at the homes of Justices in the aftermath of the leak of the draft opinion in Dobbs v. Jackson Women’s Health Organization.
“In March 2023, I brought to your attention evidence that DOJ had actively discouraged the U.S. Marshals Service from enforcing the provisions 18 U.S.C. §1507 . . . at the homes of Supreme Court Justices in the aftermath of the leak of the Dobbs opinion,” wrote Senator Britt. “ . . . Several weeks after bringing that evidence to your attention, I led a group of senators in sending you a letter on May 3, 2023, which revealed the existence of further documentation regarding DOJ’s discouragement of Section 1507 enforcement . . . my letter was ignored for almost a year before I raised the topic with you again during a hearing of the Commerce, Justice, Science and Related Agencies Appropriations Subcommittee in April 2024. In the days following that hearing, I finally received a reply from DOJ – almost a year late – that did not even attempt to respond to any of the questions or requests I raised in my original letter.”
“As such, and as a member of the Senate Judiciary Committee which has oversight jurisdiction of the Department of Justice and its component agencies, I request that you take all reasonable steps to prevent the destruction of all documents, communications, and other information, including electronic information that may be responsive to my original inquiry . . . ” the letter stated.
The full text of the letter can be viewed here.
Background:
In the aftermath of the unprecedented May 2, 2022, leak of the Supreme Court’s draft opinion in Dobbs v. Jackson Women’s Health Organization, protesters began illegally demonstrating outside Justices’ homes. Subsequently, a map with the home addresses of five Republican-appointed Justices—Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett—was posted online. These protests occurred before the Supreme Court issued its final opinion in the case on June 24, 2022.
Federal law explicitly prohibits protesting at the residence of a judge with the intent of influencing the decision-making process of a judge in a case. According to 18 U.S.C. §1507, it is illegal to picket or parade near a residence occupied by a judge with the intent of “interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty.”
While under questioning from members of the Senate Judiciary Committee on March 1, 2023, Attorney General Garland confirmed that no protestors who demonstrated outside the Justices’ homes have been charged for violating Section 1507. During that hearing, he asserted that DOJ’s failure to bring any charges under Section 1507 was a result of U.S. Marshals Service’s (USMS) deputies stationed at the homes of the Justices failing to make any arrests for violations of the statute. He also asserted that USMS deputies stationed at the homes of the Justices were given full and independent authority to make arrests under any federal statute, including 18 U.S.C. §1507.
During Attorney General Garland’s appearance before the Senate Appropriations CJS Subcommittee on March 28, 2023, Senator Britt directly questioned the Attorney General about the failure to pursue charges and unveiled training slides obtained from a whistleblower that revealed USMS personnel were strongly discouraged from arresting individuals for violating Section 1507. Attorney General Garland maintained that he had not seen the training slides but did not feel the need to correct his testimony from the Judiciary Committee’s March 1st hearing.
In May of 2023, Senator Britt joined Senator Marsha Blackburn (R-Tenn.) and several of her Senate Republican colleagues in introducing the Protect Our Supreme Court Justices Act, a bill to further protect Supreme Court Justices from intimidation and threats of violence by raising the maximum term of imprisonment for individuals who attempt to unlawfully influence the decision-making of a federal judge from one year to five years.
Senator Britt also sent a letter to the Attorney General in May of 2023 demanding answers regarding why orders issued to deputies of the USMS assigned to the homes of Supreme Court Justices directly contradict his and Deputy Attorney General Lisa Monaco’s recent sworn testimony before Congress.
Almost a year later, with no response to her initial letter, Senator Britt questioned Attorney General Garland again on this issue during a Senate Appropriations subcommittee hearing. Following the hearing, the Senator finally received a response from the DOJ – however, the contents of the letter did not address any of Senator Britt’s questions or requests.
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